Common use of Joinder Requirements Clause in Contracts

Joinder Requirements. The Company may designate additional obligations as Other First-Priority Lien Obligations or other ABL Obligations only if (x) the incurrence of such obligations is permitted under each of the First-Lien Revolving Facility, the ABL Facility, the Indenture, any existing Other First-Priority Lien Obligations Credit Document, the First-Priority Intercreditor Agreement and this Agreement, and (y) the Company shall have delivered an officer’s certificate to each Collateral Agent certifying to same. If so permitted, the Company shall (i) notify each Representative in writing of such designation and (ii) cause the (1) applicable Other First-Priority Lien Obligations Administrative Agent and the applicable Other First-Priority Lien Obligations Collateral Agent or (2) the additional collateral agent for the new ABL Obligations, as applicable, to execute and deliver to each other Representative, a Joinder Agreement substantially in the form of Exhibit A or Exhibit B, as applicable, hereto and the respective joinder agreements to the First-Priority Intercreditor Agreement, and the Junior Lien Intercreditor Agreement.

Joinder Requirements. The Company may designate additional obligations as Other First-Priority Lien Obligations, other ABL Obligations or other ABL Cash Flow Facility Obligations only if (x) the incurrence of such obligations is permitted under each of the First-Lien Revolving Facility, the ABL Facility, the Indenture, any existing Other First-Priority Lien Obligations Credit Document, the First-Priority Lien Intercreditor Agreement Agreement, as applicable, and this Agreement, and (y) the Company shall have delivered an officer’s certificate to each Collateral Agent certifying to same. If so permitted, the Company shall (i) notify each Representative in writing of such designation and (ii) cause the (1) the applicable Other First-Priority Lien Obligations Administrative Agent and Representative and/or the applicable Other First-Priority Lien Obligations Collateral Agent or (2) the additional collateral agent for the new ABL Obligations or the new Cash Flow Facility Obligations, as applicable, to execute and deliver to each other Representative, a Joinder Agreement substantially in the form of Exhibit A or Exhibit B, as applicable, hereto and the respective joinder agreements to the First-Priority Lien Intercreditor Agreement, Agreement and the Junior Lien Intercreditor AgreementAgreements, as applicable.

Joinder Requirements. The Company may designate additional obligations as Other First-Priority Lien Obligations or other ABL Obligations only if (x) the incurrence of such obligations is permitted under each of the First-Lien Revolving Facility, the ABL Facility, the Indenture, any existing Other First-Priority Lien Obligations Credit Document, the First-Priority Intercreditor Agreement as applicable, and this Agreement, and (y) the Company shall have delivered an officer’s certificate to each Collateral Agent certifying to same. If so permitted, the Company shall (i) notify each Representative in writing of such designation and (ii) cause the (1) the applicable Other First-Priority Lien Obligations Administrative Agent and Representative and/or the applicable Other First-Priority Lien Obligations Collateral Agent or (2) the additional collateral agent for the new ABL Obligations, as applicable, Obligations to execute and deliver to each other Representative, a Joinder Agreement substantially in the form of Exhibit A or Exhibit B, as applicable, hereto and the respective joinder agreements agreement to any Junior Lien Intercreditor Agreement and/or intercreditor agreement with regard to the First-Priority Intercreditor AgreementLien Obligations, and the Junior Lien Intercreditor Agreementas applicable.